# Board of Supervisors Minutes: January 26, 2010 - Meeting date: 2010-01-26 - Document type: minutes - Source format: PDF - Extracted pages: 33 - [Canonical HTML transcript](https://sfbos.info/documents/1970/2010-01-26-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m012610.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 091230: Department of Building Inspection Cash Revolving Fund - Pages: 2-3 ### File 091409: Accept and Expend Grant - Sidney E. Frank Foundation and Amendment to the Annual Salary Ordinance, FY2009-2010 - $250,000 - Pages: 3 - Sponsors: Mayor ### File 091420: Accept and Expend Grant - Living Cities Initiative and Amendment to the Annual Salary Ordinance, FY2009-2010 - $175,000 - Pages: 3 - Sponsors: Mayor ### File 091421: Appropriating $739,355 of Various Fee Revenues for Salaries, Fringe Benefits, and Services of Other Departments in the Department of Building Inspection for FY2009-2010 - Pages: 3 - Sponsors: Mayor ### File 091422: Public Employment - Amendment to the Annual Salary Ordinance, FY2009-2010 - Department of Building Inspection - Pages: 3-4 - Sponsors: Mayor ### File 091465: Appropriating $1,743,767 of Library Capital Improvements Fund Balance for the Branch Library Improvement Program in the San Francisco Public Library for FY2009-2010 - Pages: 4 - Sponsors: Mayor; Maxwell ### File 091322: Liquor License, 953 Harrison Street - Pages: 4 ### File 091401: Accept and Expend Grant - California Secretary of State VOTE Grant Program - Not to Exceed $249,998.41 - Pages: 4-5 - Sponsors: Alioto-Pier ### File 091436: Accept and Expend Grant - U.S. Department of Justice/Office of Violence Against Women and Amendment to the Annual Salary Ordinance for FY2009-2010 - $698,970 - Pages: 5 - Sponsors: Chiu; Chu ### File 091445: Accept and Expend Grant - FY 2009 Second Chance Youth Offender Reentry Initiative and Amendment to the Annual Salary Ordinance, FY2009-2010 - $660,615 - Pages: 5 - Sponsors: Maxwell ### File 091456: Accept and Expend Grant - FY 2009 Homeland Security Grant Program and Amendment to the Annual Salary Ordinance, FY2009-2010 - $2,079,703 - Pages: 5-6 - Sponsors: Mayor ### File 091381: Settlement of Lawsuit - Marco Maestrini - $40,000 - Pages: 6 ### File 091382: Settlement of Lawsuit - Ben H. Lyon - $47,500 - Pages: 6 ### File 091383: Settlement of Lawsuit - Glynis Senegal and Joseph Senegal - $158,000 - Pages: 6 ### File 091387: Settlement of Lawsuit - San Franciscans for Livable Neighborhoods - $141,692.50 - Pages: 6 ### File 091384: Settlement of Unlitigated Claim - David Cleary - $225,000 - Pages: 6-7 ### File 091473: Settlement of Department of Fair Employment and Housing Charge - Timothy Jones - $83,251.89 - Pages: 7 ### File 091474: Settlement of Claim - Devorah Joseph - $49,000 - Pages: 7 ### File 091427: Appointments, Workforce Investment Community Advisory Committee - Tracy Brown and Jamie Brewster - Pages: 7 ### File 091481: Appointment, Veterans Affairs Commission - James Gugliemoni - Pages: 7-8 - Vote 1: approval, likely final - Action: 091481 [Appointment, Veterans Affairs Commission - James Gugliemoni] Motion appointing James Gugliemoni, term ending January 31, 2014, to the Veterans Affairs Commission. (Clerk of the Board) James Gugliemoni, seat 10, succeeding himself, term expiring on January 31, 2010, must be an at-large appointment, for a four-year term ending January 31, 2014. Motion No. M10-14 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 090835: Residential Rent Ordinance Prohibiting Owner Move-In Evictions of Households with a Child Under the Age of 18, Except by an Owner Moving In with a Child and Except Where the Owner Only Owns One Unit in the Building - Pages: 8-9 - Sponsors: Mar; Chiu - Vote 1: amendment - Action: 0835 [Residential Rent Ordinance Prohibiting Owner Move-In Evictions of Households with a Child Under the Age of 18, Except by an Owner Moving In with a Child and Except Where the Owner Only Owns One Unit in the Building] Sponsors: Mar; Chiu Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9(j) to prohibit an owner move-in eviction where a child under the age of 18 resides in the unit with a tenant who has a custodial or family relationship with that child, and that tenant has resided in the unit for 12 months or more, except that this provision will not apply where there is only one unit owned by the landlord in the building or where the owner who will move into the unit pursuant to a Section 37.9(a)(8) eviction has a custodial or family relationship with a child under the age of 18 who will reside in the unit with the owner; and renumbering current Section 37.9(j) as Section 37.9(k). (Supervisor Maxwell dissented in Committee.) Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier - Vote 2: first-reading - Action: Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9(j) to prohibit an owner move-in eviction during the school year where a child under the age of 18 resides in the unit with a tenant who has a custodial or family relationship with that child, and that tenant has resided in the unit for 12 months or more, except that this provision will not apply where there is only one unit owned by the landlord in the building or where the owner will move into the unit pursuant to a Section 37.9(a)(8) eviction has a custodial or family relationship with a child under the age of 18 who will reside in the unit with the owner; and renumbering current Section 37.9(j) as Section 37.9(k). PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091015: Reimbursement to City for Dignitary Security Provided During Campaign-Related Travel by Elected Officials - Pages: 9 - Sponsors: Mirkarimi; Campos, Avalos and Daly - Vote 1: final-passage, likely final - Action: 091015 [Reimbursement to City for Dignitary Security Provided During Campaign-Related Travel by Elected Officials] Sponsors: Mirkarimi; Campos, Avalos and Daly Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding sections 3.600, 3.605, 3.610 and 3.615, to require City elective officers to reimburse the City for the cost of dignitary security provided by the City during travel for campaign-related activities or meetings and to require the Police Department to report to the Board of Supervisors regarding the cost of security. FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi - Noes: Chu, Dufty, Elsbernd - Excused: Alioto-Pier ### File 091447: Ordinance Levying Special Taxes Within Special Tax District No. 2009-1 San Francisco Sustainable Financing - Pages: 9 - Sponsors: Mayor; Mar and Dufty - Vote 1: first-reading - Action: 091447 [Ordinance Levying Special Taxes Within Special Tax District No. 2009-1 San Francisco Sustainable Financing] Sponsors: Mayor; Mar and Dufty Ordinance to authorize and levy special taxes within the City and County of San Francisco Special Tax District 2009-1 (San Francisco Sustainable Financing); authorize the Director of Public Finance to determine the special tax rate and amount to be levied each fiscal year; to establish the method for the collection of special taxes and other matters necessary or advisable in connection therewith. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091451: Resolution Authorizing Sale of Special Tax Bonds - Not to Exceed $10,000,000 - Pages: 9-10 - Sponsors: Mayor; Mar and Dufty - Vote 1: adoption, likely final - Action: 091451 [Resolution Authorizing Sale of Special Tax Bonds - Not to Exceed $10,000,000] Sponsors: Mayor; Mar and Dufty Resolution authorizing the issuance and sale of special tax bonds in an aggregate principal amount not to exceed $10,000,000 and approving the form of a Fiscal Agent Agreement, a Purchase Contract and a Security Agreement and authorizing and approving other related actions in connection therewith. Resolution No. 27-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091464: Early Implementation of Two-Year Budget and Five-Year Financial Plan Requirements - Pages: 10 - Sponsors: Mayor; Chiu and Mirkarimi - Vote 1: first-reading - Action: 091464 [Early Implementation of Two-Year Budget and Five-Year Financial Plan Requirements] Sponsors: Mayor; Chiu and Mirkarimi Ordinance designating the Port, the Airport, and the Public Utilities Commission for early implementation of the two-year budget requirement under Charter Section 9.100 and the five-year financial plan requirement under Charter Section 9.119. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091442: Contract to Transfer Airport Police Service, Assets, and Liabilities from California Public Employees' Retirement System to San Francisco Employees' Retirement System - Pages: 10 - Sponsors: Elsbernd - Vote 1: adoption, likely final - Action: 091442 [Contract to Transfer Airport Police Service, Assets, and Liabilities from California Public Employees' Retirement System to San Francisco Employees' Retirement System] Sponsor: Elsbernd Resolution approving contract to transfer airport police service and associated assets, and liabilities from the California Employees' Retirement System to the San Francisco Employees' Retirement System. Resolution No. 26-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100022: Accept and Expend Grant - Reentry Council and Amendment to the Annual Salary Ordinance, FY2009-2010 - $50,000 - Pages: 10 - Sponsors: Maxwell - Vote 1: first-reading - Action: 100022 [Accept and Expend Grant - Reentry Council and Amendment to the Annual Salary Ordinance, FY2009-2010 - $50,000] Sponsor: Maxwell Ordinance authorizing the Office of the Public Defender to accept and expend a grant in the amount of $50,000 from the San Francisco Foundation, to support the development of data collection tools and service standards for the new Reentry Council, and amending Ordinance No. 183-09 (Annual Salary Ordinance FY2009-2010), to reflect the addition of temporary salaries to fund one (1) temporary (.50 FTE) grant-funded 8173 Legal Assistant position in the Office of the Public Defender. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091439: Paratransit Broker Agreement - Not to Exceed $118,599,710 - Pages: 10-11 - Sponsors: Dufty - Vote 1: adoption, likely final - Action: 091439 [Paratransit Broker Agreement - Not to Exceed $118,599,710] Sponsor: Dufty Resolution approving a Paratransit Broker Agreement with Veolia Transportation, Inc., in an amount not to exceed $118,599,710 for a five-year term ending June 30, 2015, with an optional five-year extension. (Fiscal Impact.) Resolution No. 32-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091478: CEQA Findings for SFPUC Sunol Valley Water Treatment Plant Project in Alameda County - Pages: 11 - Vote 1: adoption, likely final - Action: 091478 [CEQA Findings for SFPUC Sunol Valley Water Treatment Plant Project in Alameda County] Resolution adopting findings under the California Environmental Quality Act (CEQA) including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Sunol Valley Water Treatment Plant and Treated Water Reservoir Project, Water System Improvement (WSIP)-funded Project No. CUW38101; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 25-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100065: Appropriation Ordinance to Reflect Mayor’s Budget Balancing Plan for FY2009-2010 - Pages: 11-12 - Sponsors: Mayor - Vote 1: amendment - Action: 100065 [Appropriation Ordinance to Reflect Mayor’s Budget Balancing Plan for FY2009-2010] Sponsor: Mayor Ordinance appropriating $10,193,602 of sources and $4,556,230 of uses and de-appropriating $1,444,829 of sources and $31,053,764 of uses in various departments consistent with the Mayor’s Proposed Budget Balancing Plan for FY2009-2010, de-appropriating $1,299,545 of General Fund Reserve, and de-appropriating $35,825,254 of General Fund Unallocated revenues to balance the projected shortfall for FY2009-2010. (Fiscal Impact.) Supervisor Dufty, seconded by Supervisor Daly, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier - Vote 2: first-reading - Action: Ordinance appropriating $10,193,602 of sources and $4,556,230 of uses and de-appropriating $1,444,829 of sources and $30,908,851 of uses in various departments consistent with the Mayor’s Proposed Budget Balancing Plan for Fiscal Year 2009-2010, de-appropriating $1,444,458 of General Fund Reserve, and de-appropriating $35,680,341 of General Fund Unallocated revenues to balance the projected shortfall for FY2009-2010. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier - Vote 3: other - Action: City and County of San Francisco Page 61 Printed at 10:04 am on 3/12/10 Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Recommendations of the Government Audit and Oversight Committee Supervisor Chu Excused from Voting Supervisor Maxwell, seconded by Supervisor Dufty, moved that Supervisor Chu be excused from voting on File No. 091218. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Chu ### File 091218: MOU, Amendment #2 - Local 798, Unit 1 - Pages: 12 - Sponsors: Mayor - Vote 1: first-reading - Action: 091218 [MOU, Amendment #2 - Local 798, Unit 1] Sponsor: Mayor Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 1, by extending the term of the parties’ agreement through June 30, 2012, and by implementing specified terms and conditions of employment for FY's 2009-2010 and 2010-2011. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier, Chu ### File 091219: MOU, Amendment #2 - Local 798, Unit 2 - Pages: 12 - Sponsors: Mayor - Vote 1: first-reading - Action: 091219 [MOU, Amendment #2 - Local 798, Unit 2] Sponsor: Mayor Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 2, by extending the term of the parties’ agreement through June 30, 2012, and by implementing specified terms and conditions of employment for FY's 2009-2010 and 2010-2011. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier ### File 091437: Contract with Owners' Association for Administration/Management of Greater Union Square Business Improvement District - Pages: 12-13 - Sponsors: Chiu - Vote 1: adoption, likely final - Action: 091437 [Contract with Owners' Association for Administration/Management of Greater Union Square Business Improvement District] Sponsor: Chiu Resolution approving an agreement with the nonprofit Owners' Association for administration/management of the property-based business improvement district known as the “Greater Union Square Business Improvement District,” pursuant to Section 36651 of the California Streets and Highways Code. Resolution No. 19-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091233: Administrative Code Amendments Related to False Claims - Pages: 13 - Sponsors: Alioto-Pier - Vote 1: first-reading - Action: 091233 [Administrative Code Amendments Related to False Claims] Sponsor: Alioto-Pier Ordinance amending Administrative Code Sections 6.22, 6.42, and 21.35 to clarify that the false claims provisions of Chapters 6 and 12 are statutory rather than contractual and to eliminate the requirement that such provisions be incorporated into public works contracts or professional services contracts. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091402: Medical Cannabis Task Force - Pages: 13-14 - Sponsors: Campos; Mirkarimi, Avalos and Daly - Vote 1: amendment - Action: 091402 [Medical Cannabis Task Force] Sponsors: Campos; Mirkarimi, Avalos and Daly Ordinance amending the San Francisco Administrative Code by adding Sections 5.2-1 through 5.2-6, to establish a Medical Cannabis Task Force to advise the Board of Supervisors on medical cannabis issues. Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Dufty, Mar, Maxwell, Mirkarimi - Noes: Chu, Daly, Elsbernd - Excused: Alioto-Pier - Vote 3: rescission - Action: Supervisor Daly, seconded by Supervisor Elsbernd, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier - Vote 4: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Chu, Elsbernd - Excused: Alioto-Pier ### File 091403: Inclusion of Textiles in Sweatfree Contracting Ordinance - Pages: 14 - Sponsors: Campos; Mar - Vote 1: first-reading - Action: 091403 [Inclusion of Textiles in Sweatfree Contracting Ordinance] Sponsors: Campos; Mar Ordinance adding Section 12U.5.1 of the Administrative Code to provide that contracts for textiles are within the coverage of the Sweatfree Contracting Ordinance. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091446: Modifying the Membership of the Food Security Task Force - Pages: 14 - Sponsors: Maxwell - Vote 1: first-reading - Action: 091446 [Modifying the Membership of the Food Security Task Force] Sponsor: Maxwell Ordinance amending the San Francisco Health Code by amending Section 470.1, to modify the membership of the Food Security Task Force and to direct the Task Force to prepare an annual assessment of the state of hunger and food insecurity in San Francisco, and by amending Section 470.2, to extend the term of the Task Force. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091459: Appointment, Urban Counties Caucus - Supervisor Michela Alioto-Pier - Pages: 14-15 - Vote 1: approval, likely final - Action: 091459 [Appointment, Urban Counties Caucus - Supervisor Michela Alioto-Pier] Motion appointing Supervisor Michela Alioto-Pier, term ending December 31, 2010, to the Urban Counties Caucus. (Clerk of the Board) Motion No. M10-15 APPROVED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100050: Committee of the Whole - Confirming Report of Delinquent Transfer Taxes - Pages: 15 - Vote 1: tabling - Action: 100050 [Committee of the Whole - Confirming Report of Delinquent Transfer Taxes] Hearing of persons interested in or objecting to a report of delinquent transfer taxes submitted by the County Recorder, as modified to the date of adoption of this Resolution, and creating special assessments and liens based thereon pursuant to Section 1115.1 of the Real Property Transfer Tax Ordinance (under San Francisco Business and Tax Regulations Code Article 12-C). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to the motion to table File No. 100051. There were no speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. Supervisor Dufty, seconded by Supervisor Elsbernd, moved that this Hearing be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100051: Confirming Report of Delinquent Transfer Taxes - Pages: 15-16 - Sponsors: Dufty - Vote 1: tabling - Action: 100051 [Confirming Report of Delinquent Transfer Taxes] Sponsor: Dufty Resolution confirming report of delinquent transfer taxes submitted by the County Recorder, as modified to the date of adoption of this resolution, and creating special assessments and liens based thereon. Supervisor Dufty, seconded by Supervisor Elsbernd, moved that this Resolution be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100036: Committee of the Whole – Beilenson Hearing - Pages: 16 - Sponsors: Avalos ### File 091162: Purchaser's Authority to Permit Informal Solicitation of Certain Contracts for Purchase of Goods or Services and to Set Aside Contracts for Small Local Businesses - Pages: 17 - Sponsors: Chu; Chiu, Maxwell, Mayor, Dufty, Mirkarimi and Campos - Vote 1: first-reading - Action: 091162 [Purchaser's Authority to Permit Informal Solicitation of Certain Contracts for Purchase of Goods or Services and to Set Aside Contracts for Small Local Businesses] Sponsors: Chu; Chiu, Maxwell, Mayor, Dufty, Mirkarimi and Campos Ordinance amending Administrative Code section 21.5 to allow Purchaser to permit informal solicitation for contracts for commodities and services up to $100,000 and for those contracts utilizing federal grant funds where authorized and to update Purchaser's authority to set aside contracts for local small businesses. Supervisors Dufty, Mirkarimi, and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091163: Economic Stimulus Measures for Capital Project Acceleration - Pages: 17-18 - Sponsors: Chu; Chiu, Maxwell, Mayor, Dufty, Mirkarimi and Campos - Vote 1: first-reading - Action: te law the minimum contract amount requiring performance and payment bonds to $25,000; amending Section 6.22(J), to allow for early release of retention to subcontractors certified by the Human Rights Commission as Local Business Enterprises or subcontractors on multi-year construction projects; amending Section 6.40, to increase the minimum competitive amount for the procurement of professional services for public work projects from $25,000 to $100,000 with a future increase in 2015 by the Controller; amending Section 6.60 to update and conform references to the Municipal Transportation Agency; amending Section 6.62, Job Order Contracts, to amend the Local Business Enterprise goal enforcement procedure and allow for micro-LBE set-asides, to increase the maximum contract amount from $3,000,000 to $5,000,000 and the maximum contract time to five years, to increase the maximum service order amount from $200,000 or $400,000 (depending on the program) to $400,000 for all purposes, and adding new subcontractor listing and subcontractor substitution requirements. Supervisors Dufty, Mirkarimi, and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091404: Procedures to Attain Local Business Enterprise Subcontracting Goals for Design-Build and Integrated Project Delivery Contracts - Pages: 18 - Sponsors: Chiu; Mayor, Dufty, Mirkarimi, Campos and Chu - Vote 1: first-reading - Action: 091404 [Procedures to Attain Local Business Enterprise Subcontracting Goals for Design-Build and Integrated Project Delivery Contracts] Sponsors: Chiu; Mayor, Dufty, Mirkarimi, Campos and Chu Ordinance amending Administrative Code Chapter 14B, Local Business Enterprise, and Non-Discrimination in Contracting Ordinance, to add a new Section 14B.19 establishing uniform procedures to attain project LBE goals for design-build and integrated project delivery contracts. Supervisors Dufty, Mirkarimi, Campos, and Chu requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 091405: Local Business Enterprise and Non-Discrimination in Contracting Ordinance - Pages: 18 - Sponsors: Chiu; Chu, Maxwell, Mayor, Dufty, Mirkarimi and Campos - Vote 1: first-reading - Action: t 25% of the contract work, (5) create a SBA-LBE category, in addition to the Small and Micro-LBE categories, that gives contractors with income set with reference to Small Business Administration limits a bid preference of 2% on contracts between $5,000,000 and $20,000,000 (6) provide that subcontracting and consulting goals may be satisfied only with Small and Micro-LBEs, except that if there are insufficient Small and Micro-LBEs available, the HRC Director may permit the use of SBA-LBEs or set separate goals for Small and Micro-LBEs and SBA LBEs, (7) contractors who achieve total LBE participation on a bid or proposal in excess of 35% of their established LBE subcontracting and subconsultanting goals are to be exempted from satisfying good faith outreach requirements and (8) total LBE participation on a bid or proposal to be calculated using only Micro and Small-LBE contractors, joint venture partners and subcontractors and subconsultants, except that SBA-LBE subcontractors and subconsultants may be counted if the Director has established goals for them. Supervisors Dufty, Mirkarimi, and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100047: Planning Code - Interim Controls Related to Affordable Housing Requirements - Pages: 18-19 - Sponsors: Mayor; Chiu ### File 100060: Accept and Expend Grant - HIV Technical Guide - $14,500 - Pages: 19 - Sponsors: Dufty ### File 100062: Urging President Obama to Issue an Executive Order Creating a National Ocean Policy - Pages: 19-20 - Sponsors: Mirkarimi ### File 100063: Angel Island Immigration Station Day - January 21, 2010 - Pages: 20 - Sponsors: Mar; Avalos, Campos, Chiu and Chu ### File 100064: Bernal Heights Branch Library Re-Opening - Pages: 20 - Sponsors: Campos ### File 100070: Final Map 5582: 1489 – 1495 Valencia Street - Pages: 20 ### File 100071: Final Map 4305: 3431 – 3435 Mission Street - Pages: 20 ### File 100072: Final Map 4789: 235 Waller Street - Pages: 20-21 ### File 100073: Final Map 4955: 1250 – 1260 Missouri Street - Pages: 21 - Vote 1: approval, likely final - Action: 100073 [Final Map 4955: 1250 – 1260 Missouri Street] Motion approving Final Map 4955, a 36 Unit Commercial Condominium Project, located at 1250 - 1260 Missouri Street being a merger and resubdivision of Lot Nos. 014, 015, 016 in Assessors Block No. 4287 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. Motion No. M10-20 APPROVED Supervisor Mirkarimi, seconded by Supervisor Daly, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100035: Committee of the Whole - Health Services Reductions (Beilenson Hearing) January 26, 2010, at 3:00 p.m. - Pages: 21 - Sponsors: Avalos - Vote 1: approval, likely final - Action: 100035 [Committee of the Whole - Health Services Reductions (Beilenson Hearing) January 26, 2010, at 3:00 p.m.] Sponsor: Avalos Motion scheduling the Board to sit as a Committee of the Whole to consider health services reductions (Beilenson Hearing), to be held on January 26, 2010, at 3:00 p.m. Motion No. M10-16 The President inquired as to whether any member of the public wished to address the Board relating to the Board sitting as a Committee of the Whole to address health service reductions referenced in File No. 100036. There were no speakers. The President declared public comment closed. APPROVED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100061: Opposing Shading of Public Parks and Open Space - Pages: 21-22 - Sponsors: Chiu; Avalos, Campos, Daly, Mar, Maxwell and Mirkarimi ### File 100084: Proclamation of Local Emergency - January 19, 2010 - Pages: 22 - Sponsors: Elsbernd - Vote 1: amendment - Action: 100084 [Proclamation of Local Emergency - January 19, 2010] Sponsor: Elsbernd Motion concurring in the Mayor's January 19, 2010, Proclamation of Local Emergency, and in the actions taken to meet the emergency. See File No. 100087. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier - Vote 2: approval, likely final - Action: Motion concurring in the Mayor's January 19, 2010, Proclamation of Local Emergency, effective through February 2, 2010, and in the actions taken to meet the emergency. Motion No. M10-21 APPROVED AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier ### File 100087: Proclamation of Local Emergency - January 22, 2010 - Pages: 23 - Sponsors: Elsbernd - Vote 1: amendment - Action: 100087 [Proclamation of Local Emergency - January 22, 2010] Sponsor: Elsbernd Motion concurring in the Mayor's January 22, 2010, Proclamation of Local Emergency, and in the actions taken to meet the emergency. See File No. 100084. The President inquired as to whether any member of the public wished to address the Board relating to the Imperative Item relating to the proclamation of a local emergency as referenced in File No. 100087. Ed Reiskin, Director of the Department of Public Works, and Frank Filice, Public Works Project Manager, provided an overview and responded to questions raised throughout the discussion. Laura Capelli; Josh Berry; Bill McGlocklin; Dean LaTourrette; Male Speaker; and Les Martin; spoke expressing concerns relating to the local emergency and utilization of appropriate materials. There were no other speakers. The President declared public comment closed. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier - Vote 2: approval, likely final - Action: Motion concurring in the Mayor's January 22, 2010, Proclamation of Local Emergency, effective through February 2, 2010, and in the actions taken to meet the emergency. Motion No. M10-22 APPROVED AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier ### File 100093: Housing Code – Residential Hotel Notice Posting Requirement - Pages: 23-24 - Sponsors: Campos; Chiu ### File 100095: Citywide Coordination of Information and Communications Technology - Pages: 24 - Sponsors: Chiu ### File 100099: Appropriating $1,233,664 of General Fund Reserve to the Public Defender for Salary Expenditures - Pages: 24 - Sponsors: Mar ### File 100101: Appropriating $305,000,000 of General Obligation Bonds for the San Francisco General Hospital and Trauma Center for the Department of Public Health for FY2009-2010 - Pages: 24 - Sponsors: Mayor ### File 100102: Requiring the Development and Maintenance of Stormwater Management Controls - Pages: 24 - Sponsors: Mayor; Maxwell ### File 100103: Prohibition on Tobacco Sales Within 1,000 Feet of a School - Pages: 24-25 - Sponsors: Mayor ### File 100104: Retailers' Duty to Disclose Radiation Levels for Cell Phones - Pages: 25 - Sponsors: Mayor ### File 090228: Payroll Expense Tax Revision to Encourage Job Retention and Creation in San Francisco - Pages: 25 - Sponsors: Mayor; Dufty ### File 100046: Planning Code - Amending Inclusionary Affordable Housing Ordinance - Pages: 25-26 - Sponsors: Mayor; Chiu ### File 100074: Accept and Expend Grant - PG&E Efficiency Contract - $11,540,000 - Pages: 26 - Sponsors: Mayor ### File 100096: Accept and Expend Grant - Light Brown Apple Moth Program - $42,448.60 - Pages: 26 - Sponsors: Chu ### File 100097: Accept and Expend Grant - Ghana's Most-At-Risk Populations Size Estimation - $28,465 - Pages: 26 - Sponsors: Dufty ### File 100098: Establishment of the Rainbow Honor Walk - Pages: 26 - Sponsors: Dufty ### File 100100: Accept and Expend Grant - Department of Juvenile Probation - $150,000 - Pages: 26-27 - Sponsors: Maxwell ### File 100106: Supporting the Department of Public Works Accreditation Efforts - Pages: 27 - Sponsors: Dufty ### File 100107: Declaring February 5, 2010, as Joe Illick Day in San Francisco - Pages: 27 - Sponsors: Dufty ### File 100108: Commending the Obama Administration for the Granting of Temporary Protected Status to Haitians Living in the United States - Pages: 27 - Sponsors: Campos; Avalos, Chiu and Mar ### File 100109: In Solidarity With the Workers of the Mexican Electricians Union - Pages: 27 - Sponsors: Avalos; Mar ### File 100110: Declaring February 1 - 7, 2010, as Larry Brinkin Week in the City and County of San Francisco - Pages: 27 - Sponsors: Dufty; Mar ### File 100111: Urging Congress and President Obama to Increase California's Federal Medical Assistance Percentage by Renewing Federal Stimulus Funds - Pages: 27-28 - Sponsors: Avalos ### File 100061: Opposing Shading of Public Parks and Open Space - Pages: 28 - Sponsors: Chiu; Avalos, Campos, Daly, Mar, Maxwell and Mirkarimi ### File 100053: Accepting a Gift to the Recreation and Park Department of Synthetic Turf Athletic Fields Valued at Approximately $6,000,000 from the City Fields Foundation - Pages: 28 - Sponsors: Mar; Campos, Chu, Chiu, Elsbernd, Alioto-Pier and Dufty ### File 100086: Public Safety Issues Concerning Chronic Low-Level Crimes and Harassment - Pages: 28 - Sponsors: Mirkarimi ### File 100088: Police, Sheriff, and Juvenile Probation Departments Budget Balancing Strategies in FY2010-2011 - Pages: 28 - Sponsors: Avalos ### File 100089: City Administrator, Department of Public Works, and Recreation and Park Department Budget Balancing Strategies in FY2010-2011 - Pages: 28-29 - Sponsors: Avalos ### File 100090: Department of Public Health, Human Services Agency, and Department of Children, Youth and Families Budget Balancing Strategies in FY2010-2011 - Pages: 29 - Sponsors: Avalos ### File 100091: Biotech and Life Science Industry in San Francisco - Pages: 29 - Sponsors: Maxwell ### File 100092: Hunters Point Shipyard and Candlestick Point Development Project - Pages: 29 - Sponsors: Maxwell ### File 100087: Proclamation of Local Emergency - January 22, 2010 - Pages: 29 - Sponsors: Elsbernd ### File 100094: Budget and Legislative Analyst Limited Scope Performance Audit of the San Francisco Municipal Transportation Agency to Determine its Effectiveness - Pages: 29-30 - Sponsors: Campos; Mirkarimi and Chiu ### File 100068: Settlement of Lawsuit - Marjorie Flores - $57,500 - Pages: 30 ### File 100069: Settlement of Lawsuit - Yee Mei Hung - $50,000 - Pages: 30 ### File 100080: Repealing the Department of Technology Cash Revolving Fund - Pages: 30 ### File 100081: Lease for Surface Parking Between the Port of San Francisco and Central Parking System, Inc., Located in the Northern Waterfront - Pages: 30-33 ## Extracted text ### [Page 1](https://sfbos.info/documents/1970/2010-01-26-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, January 26, 2010 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Avalos, Mirkarimi, Elsbernd 11:00 AM City and School District Select Committee 1st and 3rd Thursday Supervisors Dufty, Alioto-Pier, Daly, Yee, Fewer, Maufas 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Chu, Avalos, Elsbernd 10:30 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Mirkarimi, Mar, Maxwell 1:00 PM Land Use and Economic Development Committee Monday Supervisors Maxwell, Mar, Chiu 1:00 PM Public Safety Committee 1st and 3rd Monday Supervisors Chiu, Mirkarimi, Dufty 10:00 AM Rules Committee 1st and 3rd Thursday Supervisors Campos, Alioto-Pier, Mar 10:00 AM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee. Volume 105 Number 3 ### [Page 2](https://sfbos.info/documents/1970/2010-01-26-minutes#page-2) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:09 p.m. On the call of the roll, Supervisor Alioto-Pier was noted absent. There was a quorum. Supervisor Alioto-Pier Excused from Voting Supervisor Dufty, seconded by Supervisor Mirkarimi, moved that Supervisor Alioto-Pier be excused from voting. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier COMMUNICATIONS Clerk of the Board, Angela Calvillo, informed the Board of Supervisors that she was in receipt of correspondence from the Mayor communicating the Mayor's Veto of legislation contained in File No. 090583 which would extend just cause eviction protections for tenants in most residential rental units with a certificate of occupancy issued after June 13, 1979. Direction was given to the Clerk of the Board to agendize this matter at the Regular Meeting of February 2, 2010. SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before the Board President, David Chiu, inquired if the Mayor would make an appearance before the Board of Supervisors. Starr Terrell, the Mayor's Liaison to the Board of Supervisors, indicated the Mayor would not be present. CONSENT AGENDA Recommendations of the Budget and Finance Committee 091230 [Department of Building Inspection Cash Revolving Fund] Ordinance amending San Francisco Administrative Code Section 10.135 to increase the cash revolving fund of the Department of Building Inspection from $600 to $2,000. (Building Inspection Commission) Ordinance No. 15-10 FINALLY PASSED City and County of San Francisco Page 52 Printed at 10:04 am on 3/12/10 ### [Page 3](https://sfbos.info/documents/1970/2010-01-26-minutes#page-3) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 091409 [Accept and Expend Grant - Sidney E. Frank Foundation and Amendment to the Annual Salary Ordinance, FY2009-2010 - $250,000] Sponsor: Mayor Ordinance authorizing the Department of the Environment to accept and expend a grant in the amount of $250,000 from the Sidney E. Frank Foundation to initiate the San Francisco Zero Energy Homes (SFZEH) Program which will create the tools necessary for San Franciscans to radically reduce the amount of energy they use and amending Ordinance Number 183-09 to reflect the addition of one (1) grant funded position at the Department of the Environment. Ordinance No. 14-10 FINALLY PASSED 091420 [Accept and Expend Grant - Living Cities Initiative and Amendment to the Annual Salary Ordinance, FY2009-2010 - $175,000] Sponsor: Mayor Ordinance authorizing the Department of the Environment to accept and expend a grant in the amount of $175,000 from the Living Cities Initiative to support the City’s Zero Energy Home Program by accelerating the use of home performance testing of existing buildings throughout the City and thus drive the market, which will create a range of employment and career growth options and amend Ordinance Number 183-09 to reflect the addition of one (1) grant funded position at the Department of the Environment. Ordinance No. 13-10 FINALLY PASSED 091421 [Appropriating $739,355 of Various Fee Revenues for Salaries, Fringe Benefits, and Services of Other Departments in the Department of Building Inspection for FY2009-2010] Sponsor: Mayor Ordinance appropriating $739,355 of Intergovernmental Memorandum of Understanding and Vacant Building Fee revenues for salaries and fringe benefits for limited duration positions to fund fee collection costs, and to fund a projected work order shortfall with the City Attorney, for the Department of Building Inspection for FY2009-2010. (Fiscal Impact.) Ordinance No. 9-10 FINALLY PASSED 091422 [Public Employment - Amendment to the Annual Salary Ordinance, FY2009-2010 - Department of Building Inspection] Sponsor: Mayor Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance FY2009-2010) to reflect the addition of eleven limited duration positions (4.9 FTE) in the Department of Building Inspection. Ordinance No. 8-10 FINALLY PASSED City and County of San Francisco Page 53 Printed at 10:04 am on 3/12/10 ### [Page 4](https://sfbos.info/documents/1970/2010-01-26-minutes#page-4) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 091465 [Appropriating $1,743,767 of Library Capital Improvements Fund Balance for the Branch Library Improvement Program in the San Francisco Public Library for FY2009-2010] Sponsors: Mayor; Maxwell Ordinance appropriating $1,743,767 of Library Capital Improvements Fund Balance, which consists of interest earnings from General Obligation Bond proceeds sold for the Branch Library Improvement Program and rent income from the Visitacion Valley Public Library, to fund capital projects at the Bayview and Visitacion Valley Library locations as part of the Branch Library Improvement Program in the San Francisco Public Library for FY2009-2010; placing $1,683,967 on Controller's reserve. Ordinance No. 12-10 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 091322 [Liquor License, 953 Harrison Street] Resolution determining that the issuance of a Type 21 off-sale general license to Patrick and Angela Buscovich, for the Wine Club located at 953 Harrison Street (District 6), will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 20-10 ADOPTED 091401 [Accept and Expend Grant - California Secretary of State VOTE Grant Program - Not to Exceed $249,998.41] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Department of Elections to accept and expend grant funds in an amount not to exceed $249,998.41 for improving accessibility to and participation in the election process for individuals with disabilities in accordance with the California Secretary of State’s VOTE Grant Program. Resolution No. 31-10 ADOPTED City and County of San Francisco Page 54 Printed at 10:04 am on 3/12/10 ### [Page 5](https://sfbos.info/documents/1970/2010-01-26-minutes#page-5) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Recommendations of the Public Safety Committee 091436 [Accept and Expend Grant - U.S. Department of Justice/Office of Violence Against Women and Amendment to the Annual Salary Ordinance for FY2009-2010 - $698,970] Sponsors: Chiu; Chu Ordinance authorizing the San Francisco District Attorney’s Office to retroactively accept and expend a grant in the amount of $698,970 from the U.S. Department of Justice/Office of Violence Against Women - Grants to Encourage Arrest Policies and Enforcement of Protection Orders for the purpose of improving the criminal justice systems’ response to limited English proficiency victims of domestic violence, and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY2009-2010) to reflect the addition of one (1) grant-funded position (.50 FTE) in Class 8129 Victim Witness Investigator at District Attorney’s Office. Ordinance No. 11-10 FINALLY PASSED 091445 [Accept and Expend Grant - FY 2009 Second Chance Youth Offender Reentry Initiative and Amendment to the Annual Salary Ordinance, FY2009-2010 - $660,615] Sponsor: Maxwell Ordinance authorizing the Juvenile Probation Department ("JPD"), on behalf of the City and County of San Francisco, to retroactively accept and expend a grant in the amount of $660,615 from the Office of Justice Programs ("OJP") for the United States Department of Justice for funding under the FY2009 Second Chance Youth Offender Reentry Initiative ("Second Chance Grant Award"); and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY2009-2010) to reflect the addition of one Class 2910 Social Worker grant-funded position (0.60 FTE) at the San Francisco Public Defender's Office (PDR). Ordinance No. 7-10 FINALLY PASSED 091456 [Accept and Expend Grant - FY 2009 Homeland Security Grant Program and Amendment to the Annual Salary Ordinance, FY2009-2010 - $2,079,703] Sponsor: Mayor Ordinance authorizing the Department of Emergency Management to retroactively accept and expend a FY2009-2010 Homeland Security Grant Program grant in the amount of $2,079,703 from the United States Department of Homeland Security, through the California Emergency Management Agency; amending Ordinance No. 183-09 (Annual Salary Ordinance, FY2009-2010) to reflect the addition of one Class 5277 Planner I grant-funded position (0.50 FTE) at the General Services Agency (GSA- ADM) and one Class 5278 Planner II grant-funded position (0.50 FTE) at the Department of Emergency Management. Ordinance No. 10-10 FINALLY PASSED City and County of San Francisco Page 55 Printed at 10:04 am on 3/12/10 ### [Page 6](https://sfbos.info/documents/1970/2010-01-26-minutes#page-6) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Recommendations of the Rules Committee 091381 [Settlement of Lawsuit - Marco Maestrini - $40,000] Ordinance authorizing settlement of the lawsuit filed by Marco Maestrini against the City and County of San Francisco for $40,000; the lawsuit was filed on June 6, 2007, in the United States District Court for the Northern District of California, Case No. C07-02941 PJH; entitled Marco Maestrini, et al., v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 091382 [Settlement of Lawsuit - Ben H. Lyon - $47,500] Ordinance authorizing settlement of the lawsuit filed by Ben H. Lyon against the City and County of San Francisco for $47,500; the lawsuit was filed on May 9, 2007, in San Francisco Superior Court, Case No. 463-228; entitled Ben H. Lyon, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 091383 [Settlement of Lawsuit - Glynis Senegal and Joseph Senegal - $158,000] Ordinance authorizing settlement of the lawsuit filed by Glynis Senegal and Joseph Senegal against the City and County of San Francisco for $158,000; the lawsuit was filed on May 5, 2006, in San Francisco Superior Court, Case No. 451-969; entitled Glynis Senegal and Joseph Senegal v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 091387 [Settlement of Lawsuit - San Franciscans for Livable Neighborhoods - $141,692.50] Ordinance authorizing settlement of the lawsuit filed by San Franciscans for Livable Neighborhoods against the City and County of San Francisco for $141,692.50 for attorneys’ fees; the lawsuit was filed on November 30, 2004, in San Francisco Superior Court, Case No. 504-780; entitled San Franciscans for Livable Neighborhoods v. City and County of San Francisco, et al.; other material terms of said settlement are that payment is to be made in two equal installments, one in calendar year 2010, one in calendar year 2011. PASSED, ON FIRST READING 091384 [Settlement of Unlitigated Claim - David Cleary - $225,000] Resolution approving the settlement of the unlitigated claim filed by David Cleary against the City and County of San Francisco for $225,000; claim was filed on May 22, 2009. (City Attorney) Resolution No. 30-10 ADOPTED City and County of San Francisco Page 56 Printed at 10:04 am on 3/12/10 ### [Page 7](https://sfbos.info/documents/1970/2010-01-26-minutes#page-7) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 091473 [Settlement of Department of Fair Employment and Housing Charge - Timothy Jones - $83,251.89] Resolution approving the settlement of the Department of Fair Employment and Housing (DFEH) and Equal Employment Opportunity Commission (EEOC) charges filed by Timothy Jones against the City and County of San Francisco for $83,251.89; DFEH and EEOC charges were filed on November 13, 2008: DFEH Charge No. E200809A0330-00-pe and EEOC Charge No. 37AA904035 entitled Jones v. CCSF. (City Attorney) Resolution No. 29-10 ADOPTED 091474 [Settlement of Claim - Devorah Joseph - $49,000] Resolution approving the settlement of the unlitigated claim filed by Devorah Joseph against San Francisco for $49,000; claim was filed on July 28, 2008; additional material terms of said settlement are a full and final release. (City Attorney) Resolution No. 28-10 ADOPTED 091427 [Appointments, Workforce Investment Community Advisory Committee - Tracy Brown and Jamie Brewster] Motion appointing Tracy Brown and Jamie Brewster, terms to be determined, to the Workforce Investment Community Advisory Committee. (Clerk of the Board) Tracy Brown, seat 3, new appointment, must be staff and/or Board member of 501(c)3 organizations. Preferably Committee Members should be providing workforce development services or serving low-income residents and others with barriers to employment, for a two-year term ending date to be determined. Jamie Brewster, seat 4, new appointment, must be staff and/or Board member of 501(c)3 organizations. Preferably Committee Members should be providing workforce development services or serving low-income residents and others with barriers to employment, for a two-year term ending date to be determined. Motion No. M10-13 APPROVED 091481 [Appointment, Veterans Affairs Commission - James Gugliemoni] Motion appointing James Gugliemoni, term ending January 31, 2014, to the Veterans Affairs Commission. (Clerk of the Board) James Gugliemoni, seat 10, succeeding himself, term expiring on January 31, 2010, must be an at-large appointment, for a four-year term ending January 31, 2014. Motion No. M10-14 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 57 Printed at 10:04 am on 3/12/10 ### [Page 8](https://sfbos.info/documents/1970/2010-01-26-minutes#page-8) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Land Use and Economic Development Committee 090835 [Residential Rent Ordinance Prohibiting Owner Move-In Evictions of Households with a Child Under the Age of 18, Except by an Owner Moving In with a Child and Except Where the Owner Only Owns One Unit in the Building] Sponsors: Mar; Chiu Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9(j) to prohibit an owner move-in eviction where a child under the age of 18 resides in the unit with a tenant who has a custodial or family relationship with that child, and that tenant has resided in the unit for 12 months or more, except that this provision will not apply where there is only one unit owned by the landlord in the building or where the owner who will move into the unit pursuant to a Section 37.9(a)(8) eviction has a custodial or family relationship with a child under the age of 18 who will reside in the unit with the owner; and renumbering current Section 37.9(j) as Section 37.9(k). (Supervisor Maxwell dissented in Committee.) Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9(j) to prohibit an owner move-in eviction during the school year where a child under the age of 18 resides in the unit with a tenant who has a custodial or family relationship with that child, and that tenant has resided in the unit for 12 months or more, except that this provision will not apply where there is only one unit owned by the landlord in the building or where the owner will move into the unit pursuant to a Section 37.9(a)(8) eviction has a custodial or family relationship with a child under the age of 18 who will reside in the unit with the owner; and renumbering current Section 37.9(j) as Section 37.9(k). PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 58 Printed at 10:04 am on 3/12/10 ### [Page 9](https://sfbos.info/documents/1970/2010-01-26-minutes#page-9) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Recommendation of the Public Safety Committee 091015 [Reimbursement to City for Dignitary Security Provided During Campaign-Related Travel by Elected Officials] Sponsors: Mirkarimi; Campos, Avalos and Daly Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding sections 3.600, 3.605, 3.610 and 3.615, to require City elective officers to reimburse the City for the cost of dignitary security provided by the City during travel for campaign-related activities or meetings and to require the Police Department to report to the Board of Supervisors regarding the cost of security. FINALLY PASSED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 3 - Chu, Dufty, Elsbernd Excused: 1 - Alioto-Pier NEW BUSINESS Recommendations of the Budget and Finance Committee 091447 [Ordinance Levying Special Taxes Within Special Tax District No. 2009-1 San Francisco Sustainable Financing] Sponsors: Mayor; Mar and Dufty Ordinance to authorize and levy special taxes within the City and County of San Francisco Special Tax District 2009-1 (San Francisco Sustainable Financing); authorize the Director of Public Finance to determine the special tax rate and amount to be levied each fiscal year; to establish the method for the collection of special taxes and other matters necessary or advisable in connection therewith. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091451 [Resolution Authorizing Sale of Special Tax Bonds - Not to Exceed $10,000,000] Sponsors: Mayor; Mar and Dufty Resolution authorizing the issuance and sale of special tax bonds in an aggregate principal amount not to exceed $10,000,000 and approving the form of a Fiscal Agent Agreement, a Purchase Contract and a Security Agreement and authorizing and approving other related actions in connection therewith. Resolution No. 27-10 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 59 Printed at 10:04 am on 3/12/10 ### [Page 10](https://sfbos.info/documents/1970/2010-01-26-minutes#page-10) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 091464 [Early Implementation of Two-Year Budget and Five-Year Financial Plan Requirements] Sponsors: Mayor; Chiu and Mirkarimi Ordinance designating the Port, the Airport, and the Public Utilities Commission for early implementation of the two-year budget requirement under Charter Section 9.100 and the five-year financial plan requirement under Charter Section 9.119. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091442 [Contract to Transfer Airport Police Service, Assets, and Liabilities from California Public Employees' Retirement System to San Francisco Employees' Retirement System] Sponsor: Elsbernd Resolution approving contract to transfer airport police service and associated assets, and liabilities from the California Employees' Retirement System to the San Francisco Employees' Retirement System. Resolution No. 26-10 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 100022 [Accept and Expend Grant - Reentry Council and Amendment to the Annual Salary Ordinance, FY2009-2010 - $50,000] Sponsor: Maxwell Ordinance authorizing the Office of the Public Defender to accept and expend a grant in the amount of $50,000 from the San Francisco Foundation, to support the development of data collection tools and service standards for the new Reentry Council, and amending Ordinance No. 183-09 (Annual Salary Ordinance FY2009-2010), to reflect the addition of temporary salaries to fund one (1) temporary (.50 FTE) grant-funded 8173 Legal Assistant position in the Office of the Public Defender. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091439 [Paratransit Broker Agreement - Not to Exceed $118,599,710] Sponsor: Dufty Resolution approving a Paratransit Broker Agreement with Veolia Transportation, Inc., in an amount not to exceed $118,599,710 for a five-year term ending June 30, 2015, with an optional five-year extension. (Fiscal Impact.) Resolution No. 32-10 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 60 Printed at 10:04 am on 3/12/10 ### [Page 11](https://sfbos.info/documents/1970/2010-01-26-minutes#page-11) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 091478 [CEQA Findings for SFPUC Sunol Valley Water Treatment Plant Project in Alameda County] Resolution adopting findings under the California Environmental Quality Act (CEQA) including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Sunol Valley Water Treatment Plant and Treated Water Reservoir Project, Water System Improvement (WSIP)-funded Project No. CUW38101; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 25-10 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 100065 [Appropriation Ordinance to Reflect Mayor’s Budget Balancing Plan for FY2009-2010] Sponsor: Mayor Ordinance appropriating $10,193,602 of sources and $4,556,230 of uses and de-appropriating $1,444,829 of sources and $31,053,764 of uses in various departments consistent with the Mayor’s Proposed Budget Balancing Plan for FY2009-2010, de-appropriating $1,299,545 of General Fund Reserve, and de-appropriating $35,825,254 of General Fund Unallocated revenues to balance the projected shortfall for FY2009-2010. (Fiscal Impact.) Supervisor Dufty, seconded by Supervisor Daly, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Ordinance appropriating $10,193,602 of sources and $4,556,230 of uses and de-appropriating $1,444,829 of sources and $30,908,851 of uses in various departments consistent with the Mayor’s Proposed Budget Balancing Plan for Fiscal Year 2009-2010, de-appropriating $1,444,458 of General Fund Reserve, and de-appropriating $35,680,341 of General Fund Unallocated revenues to balance the projected shortfall for FY2009-2010. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 61 Printed at 10:04 am on 3/12/10 ### [Page 12](https://sfbos.info/documents/1970/2010-01-26-minutes#page-12) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Recommendations of the Government Audit and Oversight Committee Supervisor Chu Excused from Voting Supervisor Maxwell, seconded by Supervisor Dufty, moved that Supervisor Chu be excused from voting on File No. 091218. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Chu 091218 [MOU, Amendment #2 - Local 798, Unit 1] Sponsor: Mayor Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 1, by extending the term of the parties’ agreement through June 30, 2012, and by implementing specified terms and conditions of employment for FY's 2009-2010 and 2010-2011. PASSED ON FIRST READING by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 2 - Alioto-Pier, Chu 091219 [MOU, Amendment #2 - Local 798, Unit 2] Sponsor: Mayor Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Firefighters, Local 798, Unit 2, by extending the term of the parties’ agreement through June 30, 2012, and by implementing specified terms and conditions of employment for FY's 2009-2010 and 2010-2011. PASSED ON FIRST READING by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier Recommendation of the Land Use and Economic Development Committee 091437 [Contract with Owners' Association for Administration/Management of Greater Union Square Business Improvement District] Sponsor: Chiu Resolution approving an agreement with the nonprofit Owners' Association for administration/management of the property-based business improvement district known as the “Greater Union Square Business Improvement District,” pursuant to Section 36651 of the California Streets and Highways Code. Resolution No. 19-10 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 62 Printed at 10:04 am on 3/12/10 ### [Page 13](https://sfbos.info/documents/1970/2010-01-26-minutes#page-13) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Recommendations of the Rules Committee 091233 [Administrative Code Amendments Related to False Claims] Sponsor: Alioto-Pier Ordinance amending Administrative Code Sections 6.22, 6.42, and 21.35 to clarify that the false claims provisions of Chapters 6 and 12 are statutory rather than contractual and to eliminate the requirement that such provisions be incorporated into public works contracts or professional services contracts. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091402 [Medical Cannabis Task Force] Sponsors: Campos; Mirkarimi, Avalos and Daly Ordinance amending the San Francisco Administrative Code by adding Sections 5.2-1 through 5.2-6, to establish a Medical Cannabis Task Force to advise the Board of Supervisors on medical cannabis issues. Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 10 – Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 – Alioto-Pier Supervisor Mirkarimi, seconded by Supervisor Daly, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 – Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 – Alioto-Pier Supervisor Mar, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Chu, Daly, Elsbernd Excused: 1 - Alioto-Pier Supervisor Daly, seconded by Supervisor Elsbernd, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Chu, Elsbernd Excused: 1 - Alioto-Pier City and County of San Francisco Page 63 Printed at 10:04 am on 3/12/10 ### [Page 14](https://sfbos.info/documents/1970/2010-01-26-minutes#page-14) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 091403 [Inclusion of Textiles in Sweatfree Contracting Ordinance] Sponsors: Campos; Mar Ordinance adding Section 12U.5.1 of the Administrative Code to provide that contracts for textiles are within the coverage of the Sweatfree Contracting Ordinance. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091446 [Modifying the Membership of the Food Security Task Force] Sponsor: Maxwell Ordinance amending the San Francisco Health Code by amending Section 470.1, to modify the membership of the Food Security Task Force and to direct the Task Force to prepare an annual assessment of the state of hunger and food insecurity in San Francisco, and by amending Section 470.2, to extend the term of the Task Force. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091459 [Appointment, Urban Counties Caucus - Supervisor Michela Alioto-Pier] Motion appointing Supervisor Michela Alioto-Pier, term ending December 31, 2010, to the Urban Counties Caucus. (Clerk of the Board) Motion No. M10-15 APPROVED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 64 Printed at 10:04 am on 3/12/10 ### [Page 15](https://sfbos.info/documents/1970/2010-01-26-minutes#page-15) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 100050 [Committee of the Whole - Confirming Report of Delinquent Transfer Taxes] Hearing of persons interested in or objecting to a report of delinquent transfer taxes submitted by the County Recorder, as modified to the date of adoption of this Resolution, and creating special assessments and liens based thereon pursuant to Section 1115.1 of the Real Property Transfer Tax Ordinance (under San Francisco Business and Tax Regulations Code Article 12-C). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to the motion to table File No. 100051. There were no speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. Supervisor Dufty, seconded by Supervisor Elsbernd, moved that this Hearing be TABLED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Committee of the Whole Adjourn and Report Without Recommendation 100051 [Confirming Report of Delinquent Transfer Taxes] Sponsor: Dufty Resolution confirming report of delinquent transfer taxes submitted by the County Recorder, as modified to the date of adoption of this resolution, and creating special assessments and liens based thereon. Supervisor Dufty, seconded by Supervisor Elsbernd, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 65 Printed at 10:04 am on 3/12/10 ### [Page 16](https://sfbos.info/documents/1970/2010-01-26-minutes#page-16) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 100036 [Committee of the Whole – Beilenson Hearing] Sponsor: Avalos Hearing to consider the Department of Public Health's budget eliminating or reducing health care medical services. See File No. 100035. The President inquired as to whether any member of the public wished to address the Board relating to the Department of Public Health's budget eliminating or reducing health care medical services. Dr. Mitch Katz, Director of the Department of Public Health, provided an overview of the reductions and responded to questions raised throughout the discussion. Male Speaker; Rev. Melinda McLain; Ken Jones; Abdullah Megaheed; Brenda Barros; Rita Lark; Chris Osborne; Pamela Snyder; Mother Jones; Dr. Alicia Boccellari; Arthur Bosse; Skip Jones; Eve Meyer; Female Speaker; Neils Teunis; Christa Compton; Emil Lawrence; Rev. Yvette Flunder; Michael Tong; Kevin Manz; Jesse Brooks; Male Speaker; Rachel Kelley; Female Speaker; Elree Dawson; Famus Morris; Grace Aikens; Female Speaker; Terry Wells; Female Speaker; Female Speaker; Teresa Hart; Jazheim Groome; Aretha Jones; Male Speaker; Male Speaker; Amber Wright; Eric Johnson; Fran Huston; Debbie Lerman; Walter Paulson; Nancy Cross; Male Speaker; Mr. Wright; Ray Hartz; Richard Robinson; Male Speaker; Roberta Robinson; and Ms. Tomas; spoke expressing concerns relating to reductions in health services. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AT PUBLIC HEARING SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Chu, seconded by Supervisor Campos, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Supervisor Chu introduced, welcomed, and presented a Certificate of Honor to the family of Art Octavio, long-time swim coach of the San Francisco Recreation and Park Department Pools and Lowell High School Swim Team, in recognition of his accomplishments and community support. City and County of San Francisco Page 66 Printed at 10:04 am on 3/12/10 ### [Page 17](https://sfbos.info/documents/1970/2010-01-26-minutes#page-17) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 COMMITTEE REPORTS 091162 [Purchaser's Authority to Permit Informal Solicitation of Certain Contracts for Purchase of Goods or Services and to Set Aside Contracts for Small Local Businesses] Sponsors: Chu; Chiu, Maxwell, Mayor, Dufty, Mirkarimi and Campos Ordinance amending Administrative Code section 21.5 to allow Purchaser to permit informal solicitation for contracts for commodities and services up to $100,000 and for those contracts utilizing federal grant funds where authorized and to update Purchaser's authority to set aside contracts for local small businesses. Supervisors Dufty, Mirkarimi, and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091163 [Economic Stimulus Measures for Capital Project Acceleration] Sponsors: Chu; Chiu, Maxwell, Mayor, Dufty, Mirkarimi and Campos Ordinance amending Administrative Code Chapter 6, Public Works Contracting Policies and Procedures, Section 6.1, to add a definition for a department head and designee and to increase the threshold amount for sealed competitively bid construction contracts from $100,000 to $400,000 with a future increase by the Controller in 2015; amending Section 6.20, to update and conform references to Administrative Code Chapter 14B; amending Section 6.21, to update and conform references to Administrative Code Chapter 14B; amending Section 6.22(A), to clarify and conform to state law the minimum contract amount requiring performance and payment bonds to $25,000; amending Section 6.22(J), to allow for early release of retention to subcontractors certified by the Human Rights Commission as Local Business Enterprises or subcontractors on multi-year construction projects; amending Section 6.40, to increase the minimum competitive amount for the procurement of professional services for public work projects from $25,000 to $100,000 with a future increase in 2015 by the Controller; amending Section 6.60 to update and conform references to the Municipal Transportation Agency; amending Section 6.62, Job Order Contracts, to amend the Local Business Enterprise goal enforcement procedure and allow for micro-LBE set-asides, to increase the maximum contract amount from $3,000,000 to $5,000,000 and the maximum contract time to five years, to increase the maximum service order amount from $200,000 or $400,000 (depending on the program) to $400,000 for all purposes, and adding new subcontractor listing and subcontractor substitution requirements. Supervisors Dufty, Mirkarimi, and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 67 Printed at 10:04 am on 3/12/10 ### [Page 18](https://sfbos.info/documents/1970/2010-01-26-minutes#page-18) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 091404 [Procedures to Attain Local Business Enterprise Subcontracting Goals for Design-Build and Integrated Project Delivery Contracts] Sponsors: Chiu; Mayor, Dufty, Mirkarimi, Campos and Chu Ordinance amending Administrative Code Chapter 14B, Local Business Enterprise, and Non-Discrimination in Contracting Ordinance, to add a new Section 14B.19 establishing uniform procedures to attain project LBE goals for design-build and integrated project delivery contracts. Supervisors Dufty, Mirkarimi, Campos, and Chu requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 091405 [Local Business Enterprise and Non-Discrimination in Contracting Ordinance] Sponsors: Chiu; Chu, Maxwell, Mayor, Dufty, Mirkarimi and Campos Ordinance amending the San Francisco Administrative Code by amending Sections 14B.2, 14B.3, 14B.7, 14B.8, 14B.13 to (1) each fiscal year, require departments to set aside not less than 50% of public works/construction contracts worth $400,000 or less and to set a goal of not less than 25% of other contracts worth $100,000 or less for the Micro-Local Business Enterprise Set Aside Program, (2) permit departments to designate public works/construction Job Order Contracts, without limitation as to dollar value, as set aside for the Micro-Local Business Enterprise Set Aside Program in order to satisfy the department's 50% requirement, (3) require departments to report quarterly during the year 2010 and thereafter yearly to the Board of Supervisors on the contracts set aside for the Micro-Local Business Enterprise Set Aside Program, and to cooperate with HRC's requests for information to fulfill its reporting requirements, and (4) require Micro - LBEs that subcontract any portion of a set-aside contract to perform at least 25% of the contract work, (5) create a SBA-LBE category, in addition to the Small and Micro-LBE categories, that gives contractors with income set with reference to Small Business Administration limits a bid preference of 2% on contracts between $5,000,000 and $20,000,000 (6) provide that subcontracting and consulting goals may be satisfied only with Small and Micro-LBEs, except that if there are insufficient Small and Micro-LBEs available, the HRC Director may permit the use of SBA-LBEs or set separate goals for Small and Micro-LBEs and SBA LBEs, (7) contractors who achieve total LBE participation on a bid or proposal in excess of 35% of their established LBE subcontracting and subconsultanting goals are to be exempted from satisfying good faith outreach requirements and (8) total LBE participation on a bid or proposal to be calculated using only Micro and Small-LBE contractors, joint venture partners and subcontractors and subconsultants, except that SBA-LBE subcontractors and subconsultants may be counted if the Director has established goals for them. Supervisors Dufty, Mirkarimi, and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 100047 [Planning Code - Interim Controls Related to Affordable Housing Requirements] Sponsors: Mayor; Chiu Resolution approving interim controls providing that the alternatives provided to project applicants of residential development under Planning Code Section 315 et seq. shall, except for certain eligible projects, be suspended and replaced by an interim affordable housing fee that is equivalent to the current in lieu fee and amending the housing requirements for residential projects in the Rincon Hill Area Plan for 18 months or until a permanent ordinance amending Planning Code Section 315 et seq. is adopted; and making findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. This item was not sent as a Committee Report. City and County of San Francisco Page 68 Printed at 10:04 am on 3/12/10 ### [Page 19](https://sfbos.info/documents/1970/2010-01-26-minutes#page-19) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdullah Megaheed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Mr. Wright; expressed various concerns. Richard Robinson; expressed various concerns. Ray Hartz; expressed concerns relating to government. Peter Warfield; expressed concerns relating to the SF Public Library. Chris; expressed concerns relating to the Charter. John DiDonna; expressed concerns relating to handicapped citizens. Male Speaker; expressed various concerns in Spanish and English. Teresa Hart; expressed concerns relating to contractors. Male Speaker; expressed various religious concerns. Walter Paulson; shared in song certain concerns with the Board. Nancy Cross; expressed concerns relating to sleep deprivation. Richard McRee; expressed concerns relating to the Hunter's Point EIR. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 100060 [Accept and Expend Grant - HIV Technical Guide - $14,500] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from the World Health Organization in the amount of $14,500 to develop a technical guide for HIV care and prevention programs for men who have sex with men (MSM) and transgendered individuals; for the period of December 15, 2009, through December 31, 2009. Resolution No. 24-10 ADOPTED 100062 [Urging President Obama to Issue an Executive Order Creating a National Ocean Policy] Sponsor: Mirkarimi Resolution urging President Obama to issue an Executive Order to create a National Ocean Policy based on the recommendations of the Ocean Policy Task Force. Resolution No. 23-10 ADOPTED City and County of San Francisco Page 69 Printed at 10:04 am on 3/12/10 ### [Page 20](https://sfbos.info/documents/1970/2010-01-26-minutes#page-20) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100063 [Angel Island Immigration Station Day - January 21, 2010] Sponsors: Mar; Avalos, Campos, Chiu and Chu Resolution declaring January 21, 2010, as Angel Island Immigration Station Day, and Commemorating the 100th Anniversary of the Immigration Station. Resolution No. 22-10 ADOPTED 100064 [Bernal Heights Branch Library Re-Opening] Sponsor: Campos Resolution recognizing the grand re-opening of the Bernal Heights Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. Resolution No. 21-10 ADOPTED 100070 [Final Map 5582: 1489 – 1495 Valencia Street] Motion approving Final Map 5582, a 2 Airspace Subdivision: Parcel “A” being a Mixed Use Condominium Project (6 Residential Units and 1 Commercial Unit) and Parcel “B” being a One Lot Airspace Project, located at 1489 - 1495 Valencia Street being a subdivision of Lot No. 028 in Assessors Block No. 6530 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. Motion No. M10-17 APPROVED 100071 [Final Map 4305: 3431 – 3435 Mission Street] Motion approving Final Map 4305, a Four Residential Unit and One Commercial Unit Mixed-Use Condominium Project, located at 3431 - 3435 Mission Street being a subdivision of Lot No. 037 in Assessors Block No. 5673 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. Motion No. M10-18 APPROVED 100072 [Final Map 4789: 235 Waller Street] Motion approving Final Map 4789, a Six Unit Residential Condominium Project, located at 235 Waller Street being a subdivision of Lot No. 035 in Assessors Block No. 0869 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. Motion No. M10-19 APPROVED City and County of San Francisco Page 70 Printed at 10:04 am on 3/12/10 ### [Page 21](https://sfbos.info/documents/1970/2010-01-26-minutes#page-21) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100073 [Final Map 4955: 1250 – 1260 Missouri Street] Motion approving Final Map 4955, a 36 Unit Commercial Condominium Project, located at 1250 - 1260 Missouri Street being a merger and resubdivision of Lot Nos. 014, 015, 016 in Assessors Block No. 4287 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. Motion No. M10-20 APPROVED Supervisor Mirkarimi, seconded by Supervisor Daly, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 – Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 – Alioto-Pier The foregoing items were acted upon by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Severed from the For Adoption Without Committee Reference Agenda Supervisor Avalos requested that File No. 100035 be severed so that it may be considered separately. 100035 [Committee of the Whole - Health Services Reductions (Beilenson Hearing) January 26, 2010, at 3:00 p.m.] Sponsor: Avalos Motion scheduling the Board to sit as a Committee of the Whole to consider health services reductions (Beilenson Hearing), to be held on January 26, 2010, at 3:00 p.m. Motion No. M10-16 The President inquired as to whether any member of the public wished to address the Board relating to the Board sitting as a Committee of the Whole to address health service reductions referenced in File No. 100036. There were no speakers. The President declared public comment closed. APPROVED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Supervisor Elsbernd requested that File No. 100061 be severed so that it may be considered separately. 100061 [Opposing Shading of Public Parks and Open Space] Sponsors: Chiu; Avalos, Campos, Daly, Mar, Maxwell and Mirkarimi Resolution opposing changes to the Park Shadow Ban that would increase shading of public parks and open space. REFERRED to the Land Use and Economic Development Committee City and County of San Francisco Page 71 Printed at 10:04 am on 3/12/10 ### [Page 22](https://sfbos.info/documents/1970/2010-01-26-minutes#page-22) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Supervisor Mirkarimi requested that File No. 100084 be severed so that it may be considered separately. 100084 [Proclamation of Local Emergency - January 19, 2010] Sponsor: Elsbernd Motion concurring in the Mayor's January 19, 2010, Proclamation of Local Emergency, and in the actions taken to meet the emergency. See File No. 100087. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier Motion concurring in the Mayor's January 19, 2010, Proclamation of Local Emergency, effective through February 2, 2010, and in the actions taken to meet the emergency. Motion No. M10-21 APPROVED AS AMENDED by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier IMPERATIVE AGENDA [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Mirkarimi, seconded by Supervisor Campos, moved ADOPTION of the serious injury finding. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Mirkarimi, seconded by Supervisor Campos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier City and County of San Francisco Page 72 Printed at 10:04 am on 3/12/10 ### [Page 23](https://sfbos.info/documents/1970/2010-01-26-minutes#page-23) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100087 [Proclamation of Local Emergency - January 22, 2010] Sponsor: Elsbernd Motion concurring in the Mayor's January 22, 2010, Proclamation of Local Emergency, and in the actions taken to meet the emergency. See File No. 100084. The President inquired as to whether any member of the public wished to address the Board relating to the Imperative Item relating to the proclamation of a local emergency as referenced in File No. 100087. Ed Reiskin, Director of the Department of Public Works, and Frank Filice, Public Works Project Manager, provided an overview and responded to questions raised throughout the discussion. Laura Capelli; Josh Berry; Bill McGlocklin; Dean LaTourrette; Male Speaker; and Les Martin; spoke expressing concerns relating to the local emergency and utilization of appropriate materials. There were no other speakers. The President declared public comment closed. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier Motion concurring in the Mayor's January 22, 2010, Proclamation of Local Emergency, effective through February 2, 2010, and in the actions taken to meet the emergency. Motion No. M10-22 APPROVED AS AMENDED by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier LEGISLATION INTRODUCED AT ROLL CALL Ordinances 100093 [Housing Code – Residential Hotel Notice Posting Requirement] Sponsors: Campos; Chiu Ordinance amending the San Francisco Housing Code by amending Section 1002 to add subsection (f) requiring residential hotel owners/operators to post a notice advising hotel occupants that they may telephone the City's Customer Service Center at 311 to report alleged violations of the Housing Code; adopting findings, including environmental findings. 01/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/25/2010. City and County of San Francisco Page 73 Printed at 10:04 am on 3/12/10 ### [Page 24](https://sfbos.info/documents/1970/2010-01-26-minutes#page-24) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100095 [Citywide Coordination of Information and Communications Technology] Sponsor: Chiu Ordinance amending Department of Technology and Committee on Information Technology responsibilities, establishing the position and duties of the Chief Information Officer, eliminating the Telecommunications Commission, adding San Francisco Administrative Code Chapter 22A, Sections 22A.1, 22A.2, 22A.3, 22A.4, 22A.5, 22A.6 and 22A.7, and deleting San Francisco Administrative Code Sections 3.24, 3.25, 3.27, 11.85, 11.86,11.87, 11.88 and 11.89 to implement these changes. 01/26/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 2/25/2010. 100099 [Appropriating $1,233,664 of General Fund Reserve to the Public Defender for Salary Expenditures] Sponsor: Mar Ordinance appropriating $1,813,616 from the General Fund Reserve to the Public Defender for salary expenditures in FY2009-2010. (Fiscal Impact.) 01/26/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100101 [Appropriating $305,000,000 of General Obligation Bonds for the San Francisco General Hospital and Trauma Center for the Department of Public Health for FY2009-2010] Sponsor: Mayor Ordinance appropriating $305,000,000 of General Obligation Bond Proceeds approved by voters under Proposition A in the November 2008 election authorizing the second issuance of general obligation bonds for the building or rebuilding and earthquake safety improvement of the San Francisco General Hospital and Trauma Center in the Department of Public Health for FY2009-2010. 01/26/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100102 [Requiring the Development and Maintenance of Stormwater Management Controls] Sponsors: Mayor; Maxwell Ordinance amending the San Francisco Public Works Code by repealing Article 4.2, Sections 140 - 149.4, and adding Article 4.2, Sections 147 - 147.6, requiring the development and maintenance of stormwater management controls for specified activities that disturb 5,000 square feet or more of the ground surface, and are subject to building, planning and subdivision approvals. 01/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/25/2010. 100103 [Prohibition on Tobacco Sales Within 1,000 Feet of a School] Sponsor: Mayor Ordinance amending the San Francisco Health Code by amending Section 1009.53 and by adding Article 19L, Sections 1010.5 through 1010.11, to prohibit the sale of tobacco within 1,000 feet of any public or private school. 01/26/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 2/25/2010. City and County of San Francisco Page 74 Printed at 10:04 am on 3/12/10 ### [Page 25](https://sfbos.info/documents/1970/2010-01-26-minutes#page-25) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100104 [Retailers' Duty to Disclose Radiation Levels for Cell Phones] Sponsor: Mayor Ordinance amending the San Francisco Environment Code by adding Chapter 11, Sections 1100 through 1104, to require retailers to disclose Specific Absorption Rate values for cell phones, and making environmental findings. 01/26/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 2/25/2010. 090228 [Payroll Expense Tax Revision to Encourage Job Retention and Creation in San Francisco] Sponsors: Mayor; Dufty Ordinance amending the Payroll Expense Tax Ordinance by adding Section 905 to permit the Payroll Expense Tax owed for the year 2010 to be paid at the lower of the amount owed for 2009 or 2010 and for the year 2011 to be paid at the lowest of the amount owed for 2009, 2010, or 2011, and excluding from the calculation any taxes attributable to payroll expenses for owners or beneficiaries of pass-through entities. (Fiscal Impact.) 02/24/09; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/26/2009. 01/26/10; SUBSTITUTED. 01/26/10; ASSIGNED to Budget and Finance Committee. 100046 [Planning Code - Amending Inclusionary Affordable Housing Ordinance] Sponsors: Mayor; Chiu Ordinance amending the Planning Code and Administrative Code by amending the Residential Inclusionary Affordable Housing Program, Planning Code Section 315 et seq. (Program) to change the name of the Program to the Affordable Housing Program and to require all project applicants to pay the Affordable Housing fee unless they are eligible for an alternative; making other amendments to the Program including expanding the uses of the Citywide Affordable Housing Fund, deleting provisions relating to certain requirements for off-site units, and deleting provisions requiring a refund of fees after issuance of certificate of occupancy; amending Section 827 to delete the requirement that 50% of on- or off-site affordable housing units provided under Section 315 et seq. in the Rincon Hill Area Plan be provided as rental; amending the Administrative Code by amending Chapter 56 related to Development Agreements to create certain exceptions from its requirements for rental housing developments with on-site inclusionary units; and making findings including findings under the California Environmental Quality Act. 01/12/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/12/2010. 01/19/10; REFERRED TO DEPARTMENT. 01/20/10; RESPONSE RECEIVED. 01/26/10; SUBSTITUTED. 01/26/10; ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 75 Printed at 10:04 am on 3/12/10 ### [Page 26](https://sfbos.info/documents/1970/2010-01-26-minutes#page-26) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Resolutions 100074 [Accept and Expend Grant - PG&E Efficiency Contract - $11,540,000] Sponsor: Mayor Resolution retroactively authorizing the Department of the Environment to accept and expend a grant in the amount of $11,540,000 from the California Public Utilities Commission, through Pacific Gas and Electric Company, to implement an Energy Use and Demand Reduction Through Energy Efficiency Program in the City and County of San Francisco. 01/26/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100096 [Accept and Expend Grant - Light Brown Apple Moth Program - $42,448.60] Sponsor: Chu Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from the California Department of Food and Agriculture in the amount of $42,448.60 to fund the Little Brown Apple Moth Program for the period of July 1, 2009, through June 30, 2010. 01/26/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100097 [Accept and Expend Grant - Ghana's Most-At-Risk Populations Size Estimation - $28,465] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $28,465 from the University of California San Francisco (UCSF), to assist with a project entitled “Ghana's Most-At-Risk Populations Size Estimation” for the period of January 1, 2010, through March 31, 2010. 01/26/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100098 [Establishment of the Rainbow Honor Walk] Sponsor: Dufty Resolution establishing the Rainbow Honor Walk on Castro Street between 19th Street and Market Street, on Market street between Castro Street and Noe Street, on 19th Street between Diamond Street and Castro Street, on 18th Street between Collingwood Street and Hartford Street and initiating the process set forth in Public Works Code Sections 789 et seq. to provide for the creation of a program for and installation of commemorative plaques on the Rainbow Honor Walk. 01/26/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100100 [Accept and Expend Grant - Department of Juvenile Probation - $150,000] Sponsor: Maxwell Resolution authorizing the Department of Juvenile Probation to retroactively accept and expend a grant in the amount of $150,000 from the The Zellerbach Family Foundation to support the Department of Juvenile Probation's ongoing efforts in organizational and leadership development, in developing and implementing evidence based practices, and in strengthening partnerships with community based organizations. 01/26/10; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 76 Printed at 10:04 am on 3/12/10 ### [Page 27](https://sfbos.info/documents/1970/2010-01-26-minutes#page-27) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100106 [Supporting the Department of Public Works Accreditation Efforts] Sponsor: Dufty Resolution supporting the Department of Public Works’ application to the American Public Works Association for accreditation. 01/26/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100107 [Declaring February 5, 2010, as Joe Illick Day in San Francisco] Sponsor: Dufty Resolution declaring February 5, 2010, as Joe Illick Day in San Francisco. 01/26/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100108 [Commending the Obama Administration for the Granting of Temporary Protected Status to Haitians Living in the United States] Sponsors: Campos; Avalos, Chiu and Mar Resolution commending the Obama Administration for granting temporary protected status to Haitians in the United States, and directing the Clerk of the Board to send a letter of support to President Obama, Secretary Napolitano, Speaker Pelosi, Senator Feinstein, and Senator Boxer. 01/26/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100109 [In Solidarity With the Workers of the Mexican Electricians Union] Sponsors: Avalos; Mar Resolution urging President Felipe Calderon and the Mexican Federal Government to immediately re-instate the workers of the Mexican Electricians Union and remove all military and police personnel from the occupied Mexican power plants. 01/26/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100110 [Declaring February 1 - 7, 2010, as Larry Brinkin Week in the City and County of San Francisco] Sponsors: Dufty; Mar Resolution declaring February 1 - 7, 2010, as Larry Brinkin Week in the City and County of San Francisco. 01/26/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100111 [Urging Congress and President Obama to Increase California's Federal Medical Assistance Percentage by Renewing Federal Stimulus Funds] Sponsor: Avalos Resolution urging Congress and President Obama to increase California's Federal Medical Assistance Percentage by renewing federal stimulus funds. 01/26/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 77 Printed at 10:04 am on 3/12/10 ### [Page 28](https://sfbos.info/documents/1970/2010-01-26-minutes#page-28) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100061 [Opposing Shading of Public Parks and Open Space] Sponsors: Chiu; Avalos, Campos, Daly, Mar, Maxwell and Mirkarimi Resolution opposing changes to the Park Shadow Ban that would increase shading of public parks and open space. 01/12/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 01/26/10; REFERRED to Land Use and Economic Development Committee. 100053 [Accepting a Gift to the Recreation and Park Department of Synthetic Turf Athletic Fields Valued at Approximately $6,000,000 from the City Fields Foundation] Sponsors: Mar; Campos, Chu, Chiu, Elsbernd, Alioto-Pier and Dufty Resolution authorizing the Recreation and Park Department to accept a gift of synthetic turf athletic fields at Mission Playground and the Beach Chalet Soccer Fields, valued at approximately $6,000,000 from the City Fields Foundation. 01/12/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 01/26/10; SUBSTITUTED. 01/26/10; ASSIGNED to City Operations and Neighborhood Services Committee. Requests for Hearing 100086 [Public Safety Issues Concerning Chronic Low-Level Crimes and Harassment] Sponsor: Mirkarimi Hearing on public safety issues concerning chronic low-level crimes and harassment, including a discussion on the feasibility of a "no sit and/or lie" law, requiring presentations from the San Francisco Police Department, the District Attorney's office, and the Human Services Agency, and requesting a representative from the City Attorney's office to be present. 01/26/10; RECEIVED AND ASSIGNED to Public Safety Committee. 100088 [Police, Sheriff, and Juvenile Probation Departments Budget Balancing Strategies in FY2010-2011] Sponsor: Avalos Hearing to consider budget balancing strategies and efficiencies for the Police Department, Sherrif's Department, and the Juvenile Probation Department in FY2010-2011. 01/26/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100089 [City Administrator, Department of Public Works, and Recreation and Park Department Budget Balancing Strategies in FY2010-2011] Sponsor: Avalos Hearing to consider budget balancing strategies and efficiencies for the City Administrator, Department of Public Works, and the Recreation and Park Department in FY2010-2011. 01/26/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 78 Printed at 10:04 am on 3/12/10 ### [Page 29](https://sfbos.info/documents/1970/2010-01-26-minutes#page-29) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 100090 [Department of Public Health, Human Services Agency, and Department of Children, Youth and Families Budget Balancing Strategies in FY2010-2011] Sponsor: Avalos Hearing to consider budget balancing strategies and efficiencies for the Department of Public Health, Human Services Agency, and the Department of Children, Youth and Families in FY2010-2011. 01/26/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100091 [Biotech and Life Science Industry in San Francisco] Sponsor: Maxwell Hearing on the City's biotech-related programs including business retention and attraction, educational and workforce development efforts, and a discussion of the biotech payroll tax exemption five-year report. 01/26/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100092 [Hunters Point Shipyard and Candlestick Point Development Project] Sponsor: Maxwell Hearing on the Hunters Point Shipyard Phase 2 and Candlestick Point Integrated Development Project, including a discussion of the land use and design, housing, community benefits, employment and contracting, open space, sustainability, financing, infrastructure, and transportation components of the plan. 01/26/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Motions 100087 [Proclamation of Local Emergency - January 22, 2010] Sponsor: Elsbernd Motion concurring in the Mayor's January 22, 2010, Proclamation of Local Emergency, effective through February 2, 2010, and in the actions taken to meet the emergency. 01/26/10; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 01/26/10; APPROVED AS AMENDED. 100094 [Budget and Legislative Analyst Limited Scope Performance Audit of the San Francisco Municipal Transportation Agency to Determine its Effectiveness] Sponsors: Campos; Mirkarimi and Chiu Motion directing the Budget and Legislative Analyst to conduct a limited scope performance audit of the San Francisco Municipal Transportation Agency (SFMTA) to determine if the SFMTA is operating in the most efficient, effective, and economical manner in establishing and collecting revenues and in managing expenditures. 01/26/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 79 Printed at 10:04 am on 3/12/10 ### [Page 30](https://sfbos.info/documents/1970/2010-01-26-minutes#page-30) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Introduced by the President at the Request of Departments PROPOSED ORDINANCES 100068 [Settlement of Lawsuit - Marjorie Flores - $57,500] Ordinance authorizing settlement of the lawsuit filed by Marjorie Flores against the City and County of San Francisco for $57,500; the lawsuit was filed on April 23, 2009, in San Francisco Superior Court, Case No. 09-487666, entitled Flores v. City and County of San Francisco, et al. (City Attorney) 01/06/10; RECEIVED AND ASSIGNED to Rules Committee. 100069 [Settlement of Lawsuit - Yee Mei Hung - $50,000] Ordinance authorizing settlement of the lawsuit filed by Yee Mei Hung against the City and County of San Francisco and Thomas Mann Chu for $50,000; the lawsuit was filed on February 3, 2009, in San Francisco Superior Court, Case No. 484-637; entitled Yee Mei Hung v. City and County of San Francisco, et al. (City Attorney) 01/06/10; RECEIVED AND ASSIGNED to Rules Committee. 100080 [Repealing the Department of Technology Cash Revolving Fund] Ordinance repealing Article XV, Section 10.143 of the San Francisco Administrative Code which established a cash revolving fund for the Department of Technology. (Department of Technology) 01/13/09; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 2/25/2010. PROPOSED RESOLUTIONS 100081 [Lease for Surface Parking Between the Port of San Francisco and Central Parking System, Inc., Located in the Northern Waterfront] Resolution approving a Port Commission Lease (Lease No. L-14795) with Central Parking System, Inc., a Tennessee Corporation, for certain real property located at Seawall Lots (SWL) 301 bounded by Taylor Street, Jefferson Street, and Powell Street, and SWL 314 bounded by The Embarcadero and Bay Street, and Kearny Street in the City and County of San Francisco for a term of 3 years. (Port) 01/15/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 80 Printed at 10:04 am on 3/12/10 ### [Page 31](https://sfbos.info/documents/1970/2010-01-26-minutes#page-31) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Requests Granted From: Supervisor Avalos To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft an ordinance to amend our Chapter 6 and Chapter 83 Local Hiring and First Source statues to establish minimum mandatory requirements for hiring San Francisco residents with the following policy goals of: 1. Creating jobs for San Francisco residents; 2. Combating systemic poverty and supporting community development for our most economically challenged communities; and 3. Harnessing environmental benefits of utilizing local workforce and reducing green house gas emission associated with commuting. From: Supervisor Alioto-Pier To: Director, Department of Public Works Requesting/Inquiring: Inquiring of the Department of Public Works the location and type of each wireless service facility in the City and County of San Francisco permitted pursuant to San Francisco Administrative Code Section 11.9(b). Supervisor Alioto-Pier further inquires the location of all pending wireless service facility permits in the City and County of San Francisco pursuant to Administrative Code Sections 11.9(a) & (b). Please provide a list indicating the location of each wireless service facility, including both existing wireless service facilities and those pending approval and a list with the permit number, permit type, address, permit status, expiration date and company name. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following location: Intersection of Webster & Geary Blvd., Southwest side of the street. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following public property locations: Utility Boxes Northwest corner Masonic & Haight Northeast corner Stanyan & Waller Southeast corner Broderick & Fell Southwest corner Central & Fulton Southwest corner Steiner & Haight Southwest corner Haight & Fillmore Southeast corner Baker & Fell Northwest corner Grove & Webster By 1213 Fell Bus Shelter Southeast corner Divisadero & Haight Southwest corner Buchanan & Haight Northeast corner Pierce & Hayes Southwest corner Buena Vista East & Haight Northeast corner Haight & Buena Vista East Fillmore and Haight (all 4 bus stops, graffiti and grime) City and County of San Francisco Page 81 Printed at 10:04 am on 3/12/10 ### [Page 32](https://sfbos.info/documents/1970/2010-01-26-minutes#page-32) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 Emergency Boxes Northeast corner Fell & Divisadero Northwest corner Ashbury & Fell From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations: Garbage Cans Northwest corner Clayton & Fulton Southeast corner Haight & Buena Vista East Southwest corner Haight & Buchanan Southeast corner Buena Visa West & Haight Across the street from 10 Steiner Northwest corner Haight & Ashbury Mailboxes Northeast corner Buchanan & Haight Northeast corner Cole & Fulton Northwest corner Masonic & Haight Southeast corner Haight & Baker From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following private property locations: 637 Central 160 Pierce 603 Haight, on side of building 533 Haight 525 Haight 530 Haight 399 Haight, on Webster side 456 Haight 299 Webster 253 Webster 201 Webster 420 Haight 509 Haight 533 Haight 901 Oak 189 Page 507 Haight 262 Divisadero 1123 Oak 850 Oak 350 Fillmore 485 Scott 501 Divisadero, on Fell Street side 833 Cole 1658 Haight 1560 Haight 1529 Haight 1369 Haight 901 Haight City and County of San Francisco Page 82 Printed at 10:04 am on 3/12/10 ### [Page 33](https://sfbos.info/documents/1970/2010-01-26-minutes#page-33) Board of Supervisors Meeting Minutes Tuesday, January 26, 2010 719 Haight 428 Haight 295 Buchanan 580 Hayes From; Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Wood Pole In front of 833 Cole Southeast Buchanan & Waller Metal Poles Northeast corner Broderick & Haight Southeast corner Fillmore & Haight Southeast corner Divisadero & Oak Southwest corner Fillmore & Haight Southwest corner Fillmore & Waller In Memoriams James Weatherholt II – Supervisor Mirkarimi Mary O. Jefferson – Supervisor Mirkarimi Garland Earp – Supervisor Mirkarimi Tom Hayes – Entire Board Emmy H. Altman – Supervisor Dufty Norm Rolfe – Supervisor Chiu ADJOURNMENT There being no further business, the Board adjourned at the hour of 7:33 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on March 9, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 83 Printed at 10:04 am on 3/12/10